Category Archives: Private search

CA3: State court loss of suppression motion as private search was collateral estoppel to § 1983 case

Plaintiff was a student in a private university, and the RA in his dorm smelled burning marijuana in the hallway and narrowed it to plaintiff’s room. The next day, university security searched his room, and he was charged in the … Continue reading

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OH7: Bounty hunters have no license to enter as police officers do under state statute

While LEOs have the authority to break and enter to arrest a fugitive when they have an arrest warrant, state law grants no such power to bondsman. Conviction for criminal damaging affirmed for kicking in two doors, and the fugitive … Continue reading

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ND: Entry by bail bond bounty hunters with police at perimeter declining to help was a private search

Three bail bond bounty hunters arrived at defendant’s house to take defendant’s brother into custody. Getting no response at the door, they called police for backup. Officers arrived and confirmed that they had a warrant for defendant’s brother and agreed … Continue reading

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S.D.Cal.: Google’s email search scanning for CP was a private search; DHS’s separate search was “not a significant expansion”

Google’s scanning of email for child pornography is a private search. The DHS review of defendant’s emails wasn’t a significant expansion of the private search. United States v. Wilson, 2017 U.S. Dist. LEXIS 98432 (S.D. Cal. June 26, 2017):

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E.D.Ky.: Google not a state actor when it scans email for CP and reports it

Google scans all its email for child porn hash values, examines those that are suspect, and reports it to NCMEC. Neither Google nor NCMEC are government actors. United States v. Miller, 2017 U.S. Dist. LEXIS 97383 (E.D. Ky. May 19, … Continue reading

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CA9: Entry by def’s bondsman was by contractual consent; gun not suppressed

Defendant was arrested in his home by his bondsman retaking him, and the bondsman recovered a gun. Defendant was a felon. Defendant consented in advance to being retaken by his bondsman, and that was essentially consent in advance. United States … Continue reading

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TX: Dorm RA couldn’t consent to police entry to dorm room to search for drugs

An RA in a college dorm searched defendant’s room and found drugs. The police were called and they entered the room and seized the drugs. There is no dorm room exception to the Fourth Amendment. This is not the same … Continue reading

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EFF: Why We’re Suing the FBI for Records About Best Buy Geek Squad Informants

EFF: Why We’re Suing the FBI for Records About Best Buy Geek Squad Informants by Stephanie Lacambra and Aaron Mackey:

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D.N.J.: CI aiding police entered vessel on his own to take pictures of weapon; still a private search

Defendant was indicted for “knowingly taking marine mammals on the high seas by means of a firearm in violation of the Marine Mammal Protection Act (MMPA), 16 U.S.C. §§ 1372(a)(1) and 1375(b).” A CI, already conversing with law enforcement, went … Continue reading

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CA8: Eviction from motel by off-duty officer working motel security led to FIPF charge; entry was lawful

Off-duty police worked at a Kansas City motel that had a rash of crime, trying to clean the place up. Defendant was being evicted from a motel because he was driving a stolen car – his companion had already been … Continue reading

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OR requires hospitals report suspected DUIs, and this is private action although mandated by statute, or there is no REP

Oregon requires hospitals to report persons who show up for treatment who the hospital reasonably believes were involved in driving under the influence. Here, the hospital also reported defendant’s BAC to the police. “[W]e reject defendant’s invitation to overrule Gonzalez … Continue reading

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D.S.D.: Asking def’s GF if she had the phone she saw naked pictures of her 13-year-old daughter in didn’t make her an agent

Defendant’s girlfriend reported to police that she saw nude pictures of her 13 year old daughter on defendant’s cell phone. The officer asked if she had the phone, and she hesitated, located it, and handed it over. She was not … Continue reading

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